Political Party Members Constitute A 'Community' Within Meaning Of S. 125 Of Representation Of People Act: Jharkhand High Court

The Bench of Justice Anubha Rawat Choudhary held thus while dismissing a criminal revision petition moved by petitioners who were convicted for burning the banner of Bharatiya Janata Party (BJP) by Mashal during elections in February 2000.

The petitioners before the Court have been convicted under Section 504 of Indian Penal Code and Sections 123/125 of Representation of the People Act, 1951 and assailing this Judgment of the lower court, they had moved the High Court.

Facts in brief

A B.J.P. banner was tied at the gate of the house of the informant indicating that the symbol of casting vote for B.J.P. was lotus flower and the petitioners (belonging to the opposite party) came and burnt the same with Mashal.

It was noted by the Court that there was no tension in the village with regards to the election but the incident resulted in spreading tension in the village.

Primarily, it was argued by the petitioners that none of the prosecution witnesses stated that the petitioners have promoted or have made any attempt to promote a feeling of enmity or hatred on the ground of religion, race, caste, community or language (a requirement under Section 125 of Representation of the People Act, 1951).

Before moving further, let's take a look at what exactly does Section 125 State:

"125. Promoting enmity between classes in connection with election.- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both."

Now, the question before the Court was whether the term 'community' in Section 125 of the Act of 1951 that mandates punishment for Promoting enmity between classes in connection with election, intends to include members of a political party as a community or class or not.

Court's observations

Noting that the word "community" or "classes of citizens of India" used in Section 125 has not been defined under the provisions of the said Act, the court remarked thus:

"Literal or natural meaning of the word 'community' and supporters of one political party would also constitute a 'class of citizens of India'. Although the term 'community' has been used along with the terms race, religion, caste and language but this by itself cannot curtail the natural, literal and dictionary meaning of the term 'community' when seen in the light of very object and purpose of the Act of 1951."

In view of this, the Court held that the act of the petitioners had resulted in tension and there was a likelihood of causing dissent or enmity in the society due to the act of the petitioners and it had the effect of causing enmity or hatred between political communities.

The Court also found that the basic ingredient for the commission of offence under Section 125 of the aforesaid Act of 1951 was duly satisfied and the learned courts below had rightly convicted the petitioners.

Importantly, the Court also observed thus:

"This Court is of the considered view that the act of the petitioners in burning the banner of a political party certainly promotes or attempts to promote feelings of enmity or hatred, between different classes of the citizens of India supporting one or the other political party in the name of political party."

The court also observed that offences under 123 RPA and 504 IPC were also made out against the Petitioners and therefore, there was no illegality, perversity, or material irregularity in the impugned judgments of conviction of the petitioners in revisional jurisdiction.